Jodha Mal Kuthiala (R.B.) And Sons vs Commissioner Of Income-Tax on 19 January, 1972
(a) R. B. Jodha Mal Kuthiala vs. CIT (1971) 82 ITR 570 (SC) was cited for its proposition that though it was true that equitable considerations are irrelevant in interpreting tax laws, those laws, like all other laws, are to be interpreted reasonably and in consonance with justice. In that case, an assessee whose property vested in the custodian as evacuee property, was held not to be the owner of the property for the purpose of s. 9 of the Indian IT Act, 1922, because, he could not exercise any rights in that property except with the consent of the Custodian and had only some residual beneficial interest in that property which he had left in Pakistan. It was held that such residual beneficial right cannot be considered to be ownership for the purpose of s. 9 of the said IT Act. The question before the Court was as to who was the "owner" of the property for the purpose of computation of income under s. 9 of the Act.